6
20.
On January 12, 1999, the Colombian State appointed Julio A. Barberis as
Judge ad hoc.
21.
On February 19, 1999, the President decided to invite the parties to a public
hearing to be held at the seat of the Court on May 31, 1999, to hear arguments on
the preliminary objections.
22.
The public hearing was held at the seat of the Court on the date established.
There appeared:
for the State of Colombia:
Marcela Briceño-Donn, Agent;
Héctor Sintura Varela, Deputy Agent; and
Felipe Piquero Villegas, Advisor.
for the Inter-American Commission on Human Rights:
Robert K. Goldman, Delegate;
Verónica Gómez, Lawyer;
Viviana Krsticevic, Assistant;
Marina Monzón Cifuentes, Assistant; and
Carlos Rodríguez Mejía, Assistant.
V
COMPETENCE
23.
Colombia has been a State Party to the American Convention since July 31,
1973. On June 21, 1985, it recognized the contentious jurisdiction of the Court.
Therefore, the Court is competent to hear the preliminary objections filed by the
State, pursuant to the provisions of Article 62.3 of the Convention.
VI
PRIOR CONSIDERATIONS
24.
The preliminary objections filed by Colombia are submitted, joined and
examined under the procedural concepts to which they refer, as follow: a) violation
of due process due to a serious omission of information (cf. first objection); b) lack
of competence of the Inter-American Court of Human Rights and the Inter-American
Commission on Human Rights to apply international humanitarian law and other
international treaties (cf. third and second objections, respectively); c) lack of
competence of the Court to hear a matter when remedies under domestic law have
not been exhausted (cf. forth objection), and d) lack of competence of the Court to
act as a trial court for individual facts (cf. fifth objection).